Filing for Custody in Family Court

As stated in one of my prior blogs, dealing with issues in Family Court can be very stressful and confusing. Often times when issues surrounding custody and visitation arise, parents and loved ones don’t know where to turn.

When custody issues arise, the first thing a person should do is go to the Family Court located within the county they or their children reside and file a petition for custody and visitation. This is a standard “fill in the blank” type form that can be obtained at Family Court. Simply ask the clerk and the form will be provided free of charge. The form will typically say the following at the top left hand corner:

PETITION FOR MODIFICATION OF CUSTODY OR VISITATION

Check the box that applies and fill out the requested information accordingly. Once complete, hand it to the clerk and it will be put on file with the court. You, along with the opposing parties, will receive notice in the mail of a court date. The initial court date given is identified as a “First Appearance.” At this time, the child(ren) will be assigned a Law Guardian, also known as the Attorney for the Child, who will represent their best interests.

The parties will appear on the given court date and the Law Guardian, along with the Judge, will attempt to help the parties come to some sort of amicable agreement regarding their issues. If no agreement can be made, the parties may request an adjournment to either seek counsel or they may proceed forward representing themselves. The judge will typically adjourn the matter for several weeks to allow the parties an opportunity to come to a resolution on their own. If not, the matter gets set down for trial.

As stated, custody issues can become difficult to deal with due to the inherent emotions that are associated with them. If one is not sure about their rights and how to properly proceed, they should seek out an attorney that handles these matters on a consistent basis. If one cannot afford an attorney, they can apply for assigned counsel at no charge when filling out the initial custody petition. Simply ask the clerk for the assigned counsel forms and they will provide and file them accordingly.

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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